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Find answers to frequently asked questions.

Question:
Can beneficiaries get an expedited or advanced payments from SSA?

SSA can start payments more quickly than usual in four different types of situations:

  • Presumptive Disability (PD) or presumptive blindness (PB) payment: Based on the severity of the condition and the likelihood that the claim will be approved, SSA may make payments for up to 6 months while DDS makes a final decision. This is not based on financial need.
  • Emergency advance payment: A one-time advance payment to new claimants who "face a financial emergency and who are due SSI benefits that are delayed or not received"
  • Immediate payment: An immediate payment to new claimants and SSI recipients whose benefits are delayed or not received and who face a financial emergency."
  • Expedited reinstatement cases: If benefits are terminated because of excess earned income or a combination of earned and unearned income, claimants can request to have benefits started again without having to complete a new application.

We recommend visiting SSA's website to find out more: Understanding SSI - Expedited Payments (ssa.gov)

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Question:
If someone has social security retirement can they apply for disability.

Yes, someone receiving retirement can apply for SSDI benefits if they elected to take early retirement and are receiving a reduced amount. If they retired at full retirement age then their SSDI benefit would be the same and there is no need to apply. 

They would need to prove that they are medically disabled and unable to work at SGA. (Some people who take early retirement benefits are ready to stop working but don’t meet the definition of disability). 

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Question:
How long does a medical provider have to provide information to a patient? Is it a federal mandate or do individual states have a different timeline?

HIPAA requires medical providers to release the patient's records within 30 days after the request is received (https://www.hhs.gov/hipaa/for-professionals/privacy/guidance/access/ind…). Some states have laws that require the release of medical records in fewer than 30 days.

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Question:
Should I actually include information from the Listings and Grids in the MSR, or should I wait until the applicant is denied?

The SAMHSA SOAR TA Center recommends that you don’t cite the Listing and Grid numbers, e.g.) Ms. Jones meets Listing 12.04, and the alternative Grid rule 203.03. Rather, at the DDS level (initial and reconsideration) we suggest providing a description of how the applicant meets a particular Listing(s) or Grid rule through specific examples from the medical records, applicant quotes, and other collateral sources.

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Question:
Should I file a SSI/SSDI claim when there are no medical records available?

Yes, you should file a SOAR-assisted application because even if you don’t have access to the medical evidence, DDS will request directly from prior treating sources and/or schedule appropriate Consultative Examinations (CE) to obtain diagnoses. Remember, SSA needs a diagnosis to make a disability determination. Remember, to write in the “Remarks Section” on SSA forms, about your efforts to obtain medical information so that DDS will know what they need to do to medically develop the claim.

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Question:
How do we find out why a client was previously denied?

You can obtain valuable insight into the reason an applicant was previously denied by reviewing the applicant’s electronic folder, or at minimum, obtaining the “Disability Determination Explanation” or denial notice. Most likely, you will have easy access to the denial notice from the applicant or, if you are the authorized representative, SSA should have mailed a copy to you. You can also request reason for denial by contacting your local SSA office. Learn more at Reviewing Denial Notices.

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Question:
My client's SOAR case has been denied and I would like to ask for another representative to review the case. How do I ask for reconsideration and which forms do I use to request this?
The first level of appeal is the reconsideration. It is an opportunity to have the application reviewed by different staff at DDS and to add new or additional information.
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Question:
Is there any guidance or training on assisting with the appeal process?

Yes, we have a number of resources on the SOAR website to help provide information and guidance through the appeals process. They can all be found in the SOAR Library. I recommend starting with the article About Appeals and then checking out the Appeals Toolkit.

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Question:
If someone has a pending claim for SSDI under appeal with an attorney involved, should/can a SOAR application be submitted?

SSA does not allow an applicant to have multiple applications pending at the same time.  If the applicant chooses to have a new initial SOAR-assisted application for SSDI benefits submitted, then the applicant would need to withdraw their current application.  It is important that the applicant understands that the new application would create a new application date which may result in the loss of retroactive 'back' benefits based on withdrawing the current pending application.

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Question:
I was told there was a list of questions that was good to use during an ALJ appeal hearing.

"Questions for Direct Examination at SSA Administrative Law Judge (ALJ) Hearing," along with other helpful resources, can be accessed on the webinar "Hearing Tips for SOAR Practitioners."

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